Obama's Judicial Nominee Rules: Can't Pray in "Jesus' Name," but invoking name of "Allah" is OK!

Pres. Obama's first pick for a federal Appellate Court, David Hamilton, nominee for the 7th Circuit Court of Appeals, has ruled that it is unconstitutional to open a Session of the Indiana Legislature with a Christian "sectarian" prayer that uses the name of "Jesus," but, further ruled that it is OK for an Imam to open the session by praying invoking the name of "Allah." Judge Hamilton imposed an injunction against Republican Speaker of the Indiana House Brian Bosma to prohibit Christian prayers. The case is entitled: Hinrichs v. Bosma, Speaker of the Indiana House; Case No. 1:05-cv-00813-DFH-TAB, U.S. District Court for the Southern District of Indiana, Indianapolis Division. (To see Obama's official announcement of this nomination: Click here.)

In this prayer case, Judge Hamilton ruled "sectarian" prayers are Verboten, stating:

"And what is most needed here is a pragmatic definition that addresses when prayers are sectarian in a Christian manner, since there is no evidence here of exclusive or sectarian prayers being offered in any other religious tradition. Prayers are sectarian in the Christian tradition when they proclaim or otherwise communicate the beliefs that Jesus of Nazareth was the Christ, the Messiah, the Son of God, or the Savior, or that he was resurrected, or that he will return on Judgment Day or is otherwise divine." - from: Official Court records at: www.insd.uscourts.gov

In a Post-Judgment ruling in this case, Judge Hamilton further specifically found it permissible for an Imam to pray a Legislative session opening prayer invoking the name of "Allah." Judge Hamilton ruled:

"The Speaker has also asked whether, for example, a Muslim imam may offer a prayer addressed to “Allah.” The Arabic word “Allah” is used for “God” in Arabic translations of Jewish and Christian scriptures. If those offering prayers in the Indiana House of Representatives choose to use the Arabic Allah, the Spanish Dios, the German Gott, the French Dieu, the Swedish Gud, the Greek Theos, the Hebrew Elohim, the Italian Dio, or any other language’s terms in addressing the God who is the focus of the non-sectarian prayers contemplated in Marsh v. Chambers, the court sees little risk that the choice of language would advance a particular religion or disparage others." - from: Official Court records at: www.insd.uscourts.gov

In conclusion, Judge Hamilton found it Constitutionally offensive to pray a prayer opening the Indiana Legislative session "in Jesus' name," but, specifically found it OK to for an Imam pray invoking the name of "Allah."

Judge Hamilton was initially appointed by President Clinton to a district judgeship in Indiana in 1994 over opposition from the ABA at that time.

As U.S. District Judge, Judge Hamilton issued a series of rulings over seven years that prevented Indiana from implementing its informed consent law that would give women information about abortion's risks and alternatives.

In fact, the 7th Circuit Court, which overturned Judge Hamilton's rulings and to which Obama has ironically appointed him, issued a statement chiding him for preventing implementation of the informed consent law stating: "For seven years Indiana has been prevented from enforcing a statute materially identical to a law held valid by the Supreme Court in Casey, by this court in Karlin, and by the fifth circuit in Barnes. ... No court anywhere in the country (other than one district judge in Indiana [i.e., Hamilton]) has held any similar law invalid in the years since Casey," the panel of 7th Circuit judges stated. They continued: "[I]t is an abuse of discretion for a district judge to issue a pre-enforcement injunction while the effects of the law (and reasons for those effects) are open to debate."

Hamilton was a fundraiser for ACORN and served as vice president for litigation and a board member of the Indiana ACLU. In 1994, when Clinton nominated him to the district court, a majority of the American Bar Association’s Standing Committee on the Federal Judiciary rated Hamilton “not qualified,” apparently because of his almost purely political (as opposed to legal and judicial) experience.

He is also the brother-in-law of hard left radical Obama nominee to the Department of Justice, Dawn Johnsen.

In 2008, Judge Hamilton struck down as unconstitutional an amendment to an Indiana state law requiring convicted sex offenders to provide the authorities with personal information, including any e-mail addresses or user names, thus, making it harder for law enforcement officials to track these convicted sex offenders.

The NYTimes has praised the nomination calling Judge Hamilton a "moderate." If Judge Hamilton is "moderate" I would hate to see Obama's liberal nominations.